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When everyone has a home

Housing advice for Northern Ireland

Going to court for mortgage arrears

CORONAVIRUS UPDATE

Lots of people are struggling to manage with housing issues because of the coronavirus crisis. Check out our Coronavirus section for information and advice on common problems, including help to pay your rent and mortgage, eviction and repairs.

You can be asked to appear at court if you fall behind on your mortgage.  Getting a summons to appear in court doesn't mean that you'll lose your home.  There are a number of decisions that the judge at court can make. Our advisers at Housing Rights may be able to represent you at your court hearing. 

Taken to court by your lender

Taking action to repossess a property involves a number of stages, which can take a few weeks or months. You may be able to stop the process at any stage, so get advice immediately and keep negotiating with your lender.

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Get ready for your court hearing

If you are a homeowner, you can only be evicted if the court makes an order telling you to leave. This section explains what happens once your lender has applied to the court to evict you.

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Attend your hearing

Your best shot at saving your home is to get advice and go to your hearing. There will often be a solicitor from Housing Rights at court on the day of your hearing who can represent you in front of the Master.

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Watch what happens at a repossession hearing

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Defences at court

You will normally only be able to stop the repossession if you can pay the arrears off in a lump sum or in acceptable instalments. However, there are a few legal defences that could help your case.

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Decisions that the court can make

There are a few different things that can happen if you have to go to court for a possession hearing.

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Allowed to stay in your home

You can be allowed to stay in your home after a repossession hearing. This may be because there wasn't a good enough reason to repossess the home or because the Master believed you should be allowed to stay to give you time to put the situation right.

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Possession order granted against your home

If the Chancery Master grants your lender possession, the lender has to apply to the Enforcement of Judgments Office to enforce the court's decision. Even at this late stage, you may be able to avoid having to leave your home if you can come up with a realistic proposal of repaying the money owed.

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